Madras High Court Weekly Round-Up: June 26 to July 02

Citations: 2023 LiveLaw (Mad) 174 To 2023 LiveLaw (Mad) 181

NOMINAL INDEX

Pasumai Thaayagam Foundation v. The State and others, 2023 LiveLaw (Mad) 174

Muthu Subramania Gurukkal v The Commissioner, HR&CE Department and others, 2023 LiveLaw (Mad) 175

Mr. Ramasaravanan v. Udayanidhi Stalin and another, 2023 LiveLaw (Mad) 176

AP Ramalingam v The Secretary to Government and others, 2023 LiveLaw (Mad) 177

Satheesh Kumar v Inspector of Police, 2023 Livelaw (Mad) 178

MA Ranjith v The Director General of Police, 2023 LiveLaw (Mad) 179

K Janarthan v Mrs Vimala, 2023 LiveLaw (Mad) 180

Pooja Chakravarthy v TN MGR Medical College, 2023 LiveLaw (Mad) 181

REPORT

Chennai Egmore Railway Station Expansion: Madras High Court Asks Authorities To Abide By Green Committee’s Order On Tree Felling, Transplantation

Case Title: Pasumai Thaayagam Foundation v. The State and others

Citation: 2023 LiveLaw (Mad) 174

The Madras High Court recently directed the authorities to abide by the orders of the District Green Committee on felling and transplantation of trees for the expansion of the Chennai Egmore Railway Station.

The division bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu noted that the District Green Committee, headed by the District Collector has granted permission for felling of 182 trees, transplantation of 103 trees and pruning of 33 trees, totalling 318 trees.

The court said that though it does not doubt the bonafide of the authorities, it was necessary to follow the orders of the District Green Committee. The court also directed the authorities to report compliance with the committee and asked the latter to verify the same.

Caste Has No Role To Play In Appointment Of Temple Priests: Madras High Court

Case Title: Muthu Subramania Gurukkal v The Commissioner, HR&CE Department and others

Citation: 2023 LiveLaw (Mad) 175

The Madras High Court has reiterated that while appointing Archakas to a temple, the caste has no role to play when the person otherwise fulfills all the requirements.

The court added that in temples governed by the Agama, the Trustees/Fit Person only have to ensure that the Archaka/Sthanikam to be appointed is well-versed and properly trained to perform the pooja as per the Agama.

Justice Anand Venkatesh made the above observations on a plea filed by Muthu Subramania Gurukkal challenging an advertisement issued by the Assistant Commissioner, HR&CE, and the Executive Officer of Sri Sugavaneswarar Swamy Temple, calling for applications to fill up the position of Archakas/Sthanikam at Sri Sugavaneswarar Swamy Temple, Salem.

Madras High Court Refuses To Stay Release Of Udayanidhi Stalin Starrer 'Maamannan' Movie

Case Title: Mr. Ramasaravanan v. Udayanidhi Stalin and another

Citation: 2023 LiveLaw (Mad) 176

The Madras High Court has refused to stall the relese of Udayanidhi starrer movie “Maamannan”. The court passed orders on a plea filed by Producer Ramasaravanan seeking injunction against the release of the movie and further to direct Udayanidhi Stalin to complete the shooting in a previously agreed upon film titled “Angel”.

When the case came up before Justice K Kumaresh Babu, the judge observed that the agreement between Udayanidhi and Ramasaravan was completely different from the one entered into between Udayanidhi and the producers of Maamannan movie ie, Red Giant Movies, and hence an injunction could not be granted to implement merely because on the parties to both the agreements was same person. The court added that it could not entertain an injunction against third parties from implementing their agreements.

No Harm In Offering Namaz For 30 Minutes: Madras High Court Refuses To Stay Namaz Prayers Near Temple On Tiruparankundram Hill

Case Title: AP Ramalingam v The Secretary to Government and others

Citation: 2023 LiveLaw (Mad) 177

The Madras High Court has refused to ban the offering of Namaz in a Nellithopu (pathway) towards the Kasi Viswanthar Temple situated at Thirupparankundram in Madurai District.

A bench of Justice R Subramanian and Justice L Victoria Gowri refused to grant an interim stay on the offering of prayers at Nellithopu and asked the Hindu Religious & Charitable endowment to file their counters to the petition by four weeks. The court also remarked that there was no harm in offering Namaz for 30 minutes and that it would not affect any person.

‘PPs Must Scrutinize Final Reports At Least In Cases Involving Serious Offences’: Madras High Court Asks Director Prosecution To Issue Circular

Case Title: Satheesh Kumar v Inspector of Police

Citation: 2023 Livelaw (Mad) 178

The Madras High Court recently observed that even though the law does not require investigating officers to take the opinion of the Public Prosecutors before filing Final Reports, it may sometimes prove to be counterproductive. Thus, the court noted that some methodology could be devised to ensure that the final reports are scrutinized by legally trained minds before they are filed in courts at least in cases involving serious offences.

The bench of Justice MS Ramesh and Justice Anand Venkatesh had earlier directed the Tamil Nadu government and the Director General of Police to respond to an order for establishing a specialised wing to improve the quality of investigation.

The court directed the Director of Prosecution to issue a circular to all Public Prosecutors sensitizing them to deal with Final Reports at the earliest. The court added that the prosecutors can inform the investigating officers about any defects which can be rectified before filing it in the Jurisdictional Courts. The court added that the circular shall make it abundantly clear that delay in scrutinization should not be the cause for delay in filing of Final reports beyond the Statutory period.

Madras High Court Censures DGP For Failing To Decide Inspector’s Representation For Release Of Salary, Calls It Classic Case Of Lethargic Attitude

Case Title: MA Ranjith v The Director General of Police

Citation: 2023 LiveLaw (Mad) 179

While providing relief to a Police Inspector with respect to his pending salary, the Madras High Court criticized the Director General of Police for not considering the representation made by him in 2019.

Justice Battu Devanand also said that the action of the DGP is not only illegal but also in violation of the Inspector’s right to life guaranteed under Article 21 of the Constitution.

“This is one of the classic cases of lethargic attitude of the bureaucrats in our country. Every employee, who discharges his duties honestly, he would expect payment of his salary regularly from the employer, without any unreasonable delay. The employee has to survive himself and he has to feed his family and also to take care of all necessities of his family members, from the salary, he is getting,” the court said.

All Women Police Stations Being Reduced To "Kangaroo Courts": Madras High Court Laments Arrest In Violation Of Arnesh Kumar Guidelines

Case Title: K Janarthan v Mrs Vimala

Citation: 2023 LiveLaw (Mad) 180

The Madras High Court recently criticised the manner in which All Women Police Stations across the State were functioning. The court noted that in Tamil Nadu, the police stations were reduced to places of corruption where the authorities proceeded to side with powerful parties. The court lamented that these institutions which were introduced to contribute to the society were now reduced to shameless "kangaroo courts".

Justice R Subramanian and Justice Victoria Gowri made these observations on a contempt petition filed by one K Janarthan alleging that the Inspector of All Women Police Station (Thilagar Thidal), Vimala, had arrested him without following the guidelines laid down by the Supreme Court in Arnesh Kumar v State of Bihar and Lalitha Kumari v Government of Uttar Pradesh and had thus committed contempt of court.

Illegal Admissions: Madras HC Directs Medical College To Transfer Rs 2.76 Crore Collected As Capitation Fee To Authorities For Special Scholarship

Case Title: Pooja Chakravarthy v TN MGR Medical College

Citation: 2023 LiveLaw (Mad) 181

The Madras High Court has directed Sri Muthukumaran Medical College Hospital and Research Institute to deposit 2.76 crore rupees, that it allegedly collected as capitation fees/donation from students who were admitted following due procedure, into a joint account of authorities.

The court was hearing a plea filed by seven students against an order of the Tamil Nadu Dr. MGR Medical University asking the institute to discharge nine students including the petitioners from pursuing the MBBS degree course.

Justice R Suresh Kumar directed the college to open a separate bank account jointly in the name of the Secretary of Selection Committee as well as the Registrar of the University so that it can be used for giving scholarships to meritorious students admitted to the first year in the 2023-2024 academic year. The court added that the University and the Selection Committee will decide as to whom such benefit shall be given.

OTHER DEVELOPMENTS

Stop Presenting Shawls, Other Gifts To Judges; Don't Visit Their Residences For Favours: Madras High Court To Judicial Officers

The Madras High Court through a circular has issued a slew of directions to the judicial officers in the Tamil Nadu State Judicial Service and the Puducherry Judicial Service.

The circular asks the Judicial officers to refrain from the practice of presenting shawls and other mementos to the Judges while meeting them. It also directs the officers to not visit the residence of the judges for requesting any favours like promotion or transfer.

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’

Opposing the habeas corpus petition challenging Tamil Nadu minister Senthil Balaj’s arrest in the money laundering case, the Enforcement Directorate on Tuesday argued that the court cannot interfere in the matter in a habeas corpus plea when the trial court has held the custody to be not illegal.

The submissions were made before the bench of Justice J Nisha Banu and Justice Bharatha Chakravarthy in a hearing that began in the morning and lasted even beyond court hours. In the previous hearing, Balaji's family had argued that the ED had violated the Minister's fundamental and statutory rights by not following due procedure.

Solicitor General Tushar Mehta, also argued that though executive actions can be challenged when they take away fundamental rights, the Sessions court in this case already held that the custody was not illegal.

ALSO READ: PMLA Doesn't Empower ED To Take CRPF's Assistance For Arrest, Its Presence Itself Vitiates Detention Process: Senthil Balaji’s Wife To Madras HC

Madras High Court Chief Justice Recuses From Hearing Madras Bar Association's Appeal Against Order Directing To Give Membership Without Discrimination

Madras High Court Chief Justice, Justice SV Gangapurwala on Monday recused himself from hearing an appeal against the single judge order directing the Madras Bar Association to give membership without discrimination.

The single judge had criticized the bye-laws of the Association which make it difficult for an ordinary lawyer to become a member of the association. The court also directed the Association to pay five lakh rupees as compensation to Senior Advocate Elephant G Rajendran for the denial of drinking water to his son in 2012 by a senior lawyer.

When the matter was mentioned before the bench of Justice Gangapurwala and Justice PD Audekesavalu, the Chief Justice said that the single judge has passed an order with regard to appropriate administrative action for shifting the Bar Association from the High-Security Zone to any other place. Thus, the CJ said that he could not hear the appeals.

'No Specific Order By Governor Removing Him From Cabinet, How Can Court Pass Order': Madras HC On Senthil Balaji’s Status As Minister Without Portfolio

Case Title: ML Ravi v Principal Secretary to Government and others

Case No: WP 18813 of 2023

The Madras High Court on Monday questioned how it can pass any orders under Article 226 of the Constitution against the continuation of Senthil Balaji as a Minister without portfolio when no such specific direction has been made by the Governor.

The bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu was hearing pleas filed by advocate ML Ravi and S Ramachandran challenging the continuation of Minister Senthil Balaji in the Tamil Nadu cabinet as a minister without portfolio.

Madras High Court Seeks Response From Trichy Collector, Police On Plea Against Alleged Illegal Slaughter Of Cattle On Eid

The Madras High Court recently issued notice to the District Collector, Trichy, and the Commissioner of Police, Trichy on a plea seeking to ban the practice of slaughtering cattle in the District in places other than those licensed by the Government of Tamil Nadu and to ensure implementation of the Prevention of Cruelty to Animals (Slaughter House) Rules.

The Madurai bench of Justice R Subramanian and Justice L Victoria Gowri issued notice to the respondent authorities on a plea filed by Rangarajan Narasimhan.

The court however also orally noted that it could not issue an immediate ban considering that the festival is just around the corner and directed the respondents to report whether any such slaughtering was being carried out in unauthorized places.

Chidambaram Temple Row: Plea In Madras High Court Challenges Government Order Allowing Devotees To Climb Kanakasabhai Mandapam

A plea has been filed in the Madras High Court challenging a Government Order passed in May 2022, allowing devotees to climb the Kanakasabhai Mandapam to have darshan of the deity at Sri Sabhayagar Temple in Chidambaram.

The plea has been filed by TR Ramesh, President of Temple Worshippers Society and Indic Collective Trust. Ramesh added that the impugned GO has directly interfered with the functioning of rituals in the Kanaka Sabhai, a raised platform right below the sanctum sanctorium of the temple.

It also says that the impugned GO is passed without authority as the Principal Secretary does not find any mention in the Tamil Nadu Hindu Religious and Charitable Endowment Act and that it violates Articles 25 and 26 of the Constitution.

Thus, the plea seeks for declaring the impugned GO as ultra vires, illegal, arbitrary, and without jurisdiction and also seeks a stay of its operation pending disposal.